Sunday, October 30, 2011

The giant, snarling, inflatable rat has been widely employed by unions
in labor disputes with employers and non-union contractors in recent
years, but on the lower west side of Manhattan this past August, the
iconic species of rodent bared its teeth at an unusual target: The
headquarters of the New York City District Council of Carpenters
(NYCDC).

Rank and file protests in the shadow of the District Council building
on Hudson Street constitute a new high water mark for a rising tide of
membership animus regarding the grip of the international. Opposition to
newly enacted bylaws and a restructuring plan which promises to
institutionalize top-down governance in the Carpenters union has
prompted increased organization among the rank and file, while
dissatisfaction with the McCarron administration's bargaining table
results have further galvanized the membership.

The protests on August 19th and August 25th were organized by Demian
Schroeder, and were under the auspices of NYC Carpenter Rank and File
Organized. In true democratic fashion, newly minted apprentices and long
suffering journeymen alike talked with one another about the state of
their union, with many bristling as fiercely as the rat they rallied
under. The grievances presented were as diverse as the members
attending, but each was understood to be symptomatic of ailing democracy
in their union.

The situation the NYCDC rank and filers find themselves in is both
unique and complex. The aspirations of President Douglas McCarron for
full control of the United Brotherhood of Carpenters have in the past
been partially mitigated in New York City by the power of the federal
government. The presence of a federally appointed monitor with the power
to enforce the dictates of a consent decree, arrived at as a negotiated
settlement to a 1990 US RICO suit, has impeded the complete transfer of
power from the New York District Council to the international. But
previous review officers had failed to remediate rampant corruption.
Ultimately this convinced Judge Charles Haight to appoint Review Officer
Dennis Walsh to the post in 2010, with unprecedented, yet limited,
power to combat corruption and promote democracy within the union.

However, the presence of the monitor and court order has not prevented
McCarron from foisting a new trusteeship on the NYCDC that has not only
granted McCarron's appointees interim control, but also a significant
incumbency advantage as the organization now contemplates its first free
elections since 2008.

In recent months, the two forces currently wielding power over the
NYCDC, McCarron's trusteeship and Federal Monitor Dennis Walsh, have
wrangled over the organizational structure, bylaws, and election
procedures that will endure when the trusteeship is withdrawn. While
empowered by the consent decree to check the influence of the
International on the District Council by appeals to the court, Monitor
Walsh has, to date, used that power solely as leverage to gain
concessions from the UBC through an informal negotiation process. The
specter of litigation is the sword of Damocles which Walsh is using to
safeguard the election process and its aftermath unless and until he
chooses to litigate before his authority to do so expires in December of
2012.

Despite significant influence, Walsh is disadvantaged in negotiations
over the laws and structure of the emergent District Council. First, he
is constrained by the express terms of the stipulation and order signed
by Judge Haight which does not grant him the authority to rewrite the
bylaws, but only requires the UBC and NYCDC to make certain limited
amendments such as, for example, the establishment of a hearing and
trial committee. Second, Walsh is tasked with the dual goal of
eradicating corruption and maintaining union democracy within the
District Council, and the International, through its appointees, could
systematically trade corruption concessions for greater latitude on
democratic issues.

But though the bylaws are still flawed, Walsh has pointed to several
concrete achievements in improving the 1999 bylaws including: roll call
voting, the recording of delegate meetings and the institution of a
compliance office.

Long simmering resentment among the rank and file regarding the NYCDC's
many masters boiled over into public protest when it appeared that, as a
consequence of the power struggle, bread and butter issues paramount to
the membership had become an afterthought. In June, the NYC Carpenters
agreements with the contractor associations expired. During subsequent
negotiations, word spread that the District Council and the employers'
associations had tentatively agreed to a new five-year contract calling
for five percent pay cuts in the first year on top of two previously
forgone scheduled pay increases. Ironically, the United Brotherhood of
Carpenter's argument for their consolidation of power over locals was an
oft repeated but rarely substantiated "economics of scale" argument
which posits that increased unit size results in increased bargaining
leverage and better outcomes in contract negotiation. At the rally,
Carpenters wondered aloud why, despite the NYCDC's status as the largest
trade union in the city, the NYCDC was unable to secure raises
commensurate with increases in cost of living as other city trades
unions had done. Worse yet, the Building Trades Employers Association
was rumored to be insisting upon full control over work referral,
traditionally shared with the Union. A prevalent notion among the
rallying carpenters was that the Building Trades Employers Association
was insisting upon "100% manning" as a quid pro quo for the
establishment and funding of a Labor Relations Committee; one of the
many institutional safeguards against corruption Monitor Walsh has
insisted upon.

Traditionally, the power of trade unions have in large part lain with
their ability to control the supply of labor and provide jobs for their
membership through the use of hiring halls. However, in recent years,
the rank and file had seen their control erode from a 50/50 to 67/33
staffing arrangement in favor of the employers. The new deal would strip
control over work referral from the union completely.

On August 19th, mere days after learning of the tentative agreement
negotiated by Supervisor Frank Spencer, a McCarron appointee, over 600
hundred carpenters turned out to rally. Two carpenters were arrested, as
hundreds broke through the police barricade set up across the street
from the council and charged the building with signs chanting, "This is
our building," "Rats in the building," "Rats go home" and "No Pay-Cuts."
The carpenter rank and file has no power to withhold ratification
should a contract be signed. They lack the right to vote on their
contracts. The absence of democratic institutions has, in this case,
made rallies the last reasonable resort of the rank and file.

Carpenters rallied again on August 25th. This time, approximately four
hundred rank and filers again gathered in the shadow of the District
Council Headquarters on Hudson Street in Manhattan for round 2 of a
confrontation literally billed by organizers as a title fight between
Union Democracy and union officials McCarron, Spencer, and Ballentyne.
While no arrests were made and the Carpenters in attendance remained
inside the pen erected by the NYPD, there were no shortage of rank and
filers spoiling to be on the undercard. Said one speaker upon hearing
there were business representatives of the current regime in attendance,
"If you want to crack 'em in the jaw, I'll bail you out!" But despite
the tough talk, the barbs, slings, and arrows all remained
metaphorical.

Speaker after speaker rose to denounce the ruling regime and their most
recent results, painting the latest rumored contract proposals the
predictable result of negotiators with no skin in the game. Robert
Makowski seized upon failures at the bargaining table as support for the
proposition that, "contracts should be negotiated by the people
affected by them." The rank and filers also expressed concerns about the
effect current staffing arrangements and the prospect of losing what
remained of union referral privileges. Speakers demonstrated that the
out of work list was already untenably long with one speaker acting as a
mock auctioneer and ralliers gamely shouting out ever increasing
numbers that corresponded to their position on the out of work list.

Rally organizer Demien Schroeder easily identified the root cause of
the various issues plaguing union members, "There isn't a lot of direct
democracy in the carpenters," he said restating the case that so many
had been making from the lectern. Schroeder went on to say that the
Carpenters feel as though they are still being punished for the
corruption that existed under the former EST Michael Forde, who is now
serving an 11-year prison sentence on federal racketeering and bribery
charges. First they suffered when the Forde regime accepted bribes from
contractors to ignore their hiring of non-union workers, and again as
Forde and his associates successfully stole millions from the benefit
funds. Then, Schroeder said, after seeing their union profaned,
carpenters are being forced to watch McCarron carry away what's left of
it on his back. But it looks like now they won't be watching it lying
down.

I would ask that if you would like to leave a comment that you think of Local 157 Blogspot as your online meeting hall and that you wouldn’t say anything on this site that you wouldn’t, say at a union meeting. Constructive criticism is welcome, as we all benefit from such advice. Obnoxious comments are not welcome.

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My work has been appropriately concluded. I am largely satisfied with the condition of the District Council, even more so with that of the Benefit Funds. I have endeavored to assist both in the pursuit of a prosperous future for their constituents. That is their solemn responsibility.

Let the bells ring. Though there is much good news, there are those for whom my departure is reason enough for celebration. But I hope that there are also those who reflect on what has been wrought, and on the simple question: what now?

To those who will continue to accept the imperative of working hard and meeting the challenges facing the Union with courage, energy and intellect, but most of all with honor, I will say well done.

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New York City Union Carpenters rank and file members staged a rally at union headquarters in Manhattan April 12 protesting corruption within council leadership and proposed changes to wages and mobility rules.